B.C. Supreme Court has awarded a man more than $3.3 million as a result of a May 2016 Nanaimo car accident that left him with chronic pain and psychological symptoms.
The claim arose from the accident in which Paul Jacques was rear-ended at a high speed while he was stopped at a red light on the Island Highway.
Defendant Garfield Linford admitted liability for the accident, Justice Jacqueline Hughes said in her Aug. 26 decision.
Jacques, a heavy equipment operator and contractor, then based in Powell River, was in his vehicle with his daughter, Trinity, when the May 17, 2016 accident occurred at about 12:50 p.m.
Hughes said the impact of the collision was significant; one witness testified that it was like an explosion.
“Mr. Jacques’ Jeep was instantly pushed 20-25 feet into the intersection, and there was debris everywhere,” the judge said.
Jacques has limited memory of the event, according to the ruling.
“Trinity testified that he asked her if she was 'OK,' then slumped over the steering wheel. She thought he was dead,” Hughes said.
The witness said Jacques appeared to be in and out of consciousness.
“First responders extricated Mr. Jacques from the vehicle and transported him to the Nanaimo Regional Hospital via ambulance for further assessment and treatment,” Hughes said. There, he was experiencing a lot of pain in his neck, upper back and body, and had a headache. He also suffered a laceration to his head that required three to four stitches.
After the accident, Jacques continued to experience significant neck and upper back and shoulder pain.
“He could barely turn his head and the pain emanated down into his scapular region. He described the neck pain as relentless, occurring on a daily basis,” Hughes wrote.
Jacques experienced headaches after the accident requiring him to rest for hours or for a substantial part of the day. He also had difficulty sleeping. He has continued seeing multiple health specialists.
While he had been living on Salt Spring Island, Jacques and his daughter moved to Powell River to look after his father.
“By this point, Mr. Jacques had not worked for over two years, and his savings were depleted to the point where he could no longer afford rent on Salt Spring,” Hughes said.
He continued to seek medical help but new pain began in 2020 with a 2021 incident that alarmed him.
“He testified that this was a level of pain that he had never experienced before,” Hughes said.
Soon, he had surgery that fused his spinal bones together with a titanium plate and screws.
Jacques’ financial and living situation continued to deteriorate after surgery and by mid-2022 he was living in a tent in Comox, according to the ruling.
“Mr. Jacques then rented a cottage for a few months in the winter of 2022-2023,” Hughes said. “In the spring of 2023, he purchased a camper for the back of his truck and has lived in the camper since then.” He testified he was disengaged from society and returned to Salt Spring.
“Mr. Jacques continues to deal with chronic pain, fatigue and pain in his neck and shoulder blades on a daily basis, all of which is aggravated with activity,” the judge said.
“He also has limited rotation in his neck and spine. He suffers from depressed mood and had suicidal thoughts at various times, most notably in 2017 and 2022. His mood remains low, and he experiences anxiety at times.”
The judge said she found Jacques a credible witness.
“He testified in a careful and forthright manner, and his evidence was largely consistent with that of other witnesses, the objective documentary evidence, and his medical records,” she said.
Hughes said Jacques is not employable.
Broken down, the award is as follows:
• Non-pecuniary damages - $225,000;
• Past loss of earning capacity - $610,000;
• Loss of future earning capacity – $2,247,840;
• Cost of future care - $222,125; and,
• Special damages - $20,623
